Del Norte County Municipal Code § 7.90 Personal Cannabis Cultivation Ordinance

Under Health and Safety Code Section 11362.1, it is lawful under state and local law for persons 21 years of age or older to possess plant, cultivate, harvest, dry, or process not more than six living cannabis plants and possess the cannabis produced by the plants. Though a county may not completely prohibit these activities, a county may enact and enforce reasonable regulations to regulate these actions, pursuant to Health and Safety Code Section 11362.2. This chapter is intended to provide such reasonable regulations.

Therefore, the personal cultivation of up to six cannabis plants is lawful in Del Norte County, subject to the regulations imposed by this chapter.

Any activity in violation of this chapter is unlawful and a public nuisance. Nothing in this chapter is intended authorize, immunize or promote any activity which would otherwise constitute a public or private nuisance, or in any way unreasonably interfere with the quiet enjoyment of an adjacent or nearby property or areas open to the public.

All personal cultivation of cannabis authorized under Health and Safety Code Section 11362.1 is subject under state law to the requirements of Health and Safety Code Section 11362.2 and 11362.3. Failure to comply with Health and Safety Code Sections 11362.2 and 11362.3 shall also constitute a violation of this chapter, and nothing in this chapter shall be construed to permit a person to smoke or ingest cannabis or cannabis products in a public place or manufacture concentrated cannabis using a volatile solvent.

For the purposes of this chapter,

1. “Cultivation” includes the planting, growing, harvesting, drying or processing of cannabis plants.

2. “Cultivation area” means the area in which the cultivation of six plants allowed under this section must be contained. Cultivation area shall be determined by measuring the single, contiguous area containing all six plants, and include the spaces between plants;

3. “Indoor cultivation” shall mean cultivation within a private residence or an accessory building to a private residence located upon the same parcel as the private residence that is fully enclosed and secure. For the purposes of this chapter only, a greenhouse is not considered an accessory structure, and any cultivation occurring within a greenhouse must meet all setback requirements applicable to outdoor cultivation.

4. “Private residence” means a single family residence, including an “accessory dwelling unit” as that term is used in Government Code Section 65852.150; and

1. The maximum indoor cultivation area shall be 100 square feet.

2. The area used for cultivation must comply with California Building, Plumbing, Mechanical, Electrical and Fire Codes as adopted by the County of Del Norte; and

3. The parcel must: (1) have a permitted permanent water well or connection to a public water source drawing water; (2) not engage in unlawful or unpermitted surface drawing of water; (3) not permit illegal discharges of water from the parcel; and (4) either be connected to a public sewer system or have a sewage disposal system permitted and inspected pursuant to Title 14 of this code;

4. Plants and the cannabis produced by the plants in excess of 28.5 grams must be kept in a locked space and not be visible by normal, unaided vision from a public space; and

5. The residence must be the primary residence of the person cultivating cannabis.

There shall exist within the unincorporated area of Del Norte County three tiers of allowed outdoor cannabis cultivation, whereby a larger cultivation area is allowed on parcels that can comply with greater setbacks.

1. All outdoor cultivation, regardless of tier, shall comply with the following regulations:

   1. Plants may only be cultivated outdoors on parcels that are developed with a single, private residence that is the primary residence of the person cultivating the cannabis. No cultivation shall occur outdoors on a parcel containing multi-unit housing or in a trailer park;

   2. Cultivation shall not be closer to a private residence on an adjoining property than to the private residence located on the parcel whereon the cultivation is located;

   3. The area used for cultivation must comply with California Building, Plumbing, Mechanical, Electrical and Fire Codes as adopted by the County of Del Norte;

   4. The parcel must: (1) have a permitted permanent water well or connection to a public water source drawing water; (2) not engage in unlawful or unpermitted surface drawing of water; (3) not permit illegal discharges of water from the parcel; and (4) either be connected to a public sewer system or have a sewage disposal system permitted and inspected pursuant to Title 14 of this code;

   5. Plants and the cannabis produced by the plants in excess of 28.5 grams must be kept in a locked space and not be visible by normal, unaided vision from a public space; and

   6. Cultivation shall not be allowed within 25 feet of the front property line.

2. The permissible cultivation areas shall be as follows:

3. Tier 1: Where cannabis plants are setback at least 10 feet from all property lines, the maximum cultivation area shall be 25 square feet. Each plant shall be grown in a separate, moveable container, not more than six feet in height, measured from the ground and including the container.

4. Tier 2: Where cannabis plants are setback at least 40 feet from all property lines, the maximum cultivation area shall be 100 square feet. Plants may be planted directly in the ground.

5. Tier 3: Where cannabis plants are setback at least 100 feet from all property lines, the maximum cultivation area shall be 300 square feet. Plants may be planted directly in the ground.